Cromwell trial: day 2 Man found guilty of lesser offenses, other charges thrown out

Wednesday

Jul 25, 2007 at 4:01 AM

By NICK SABO

Staff Writer

MILLERSBURG -- A Millersburg man was found guilty Tuesday of lesser charges of assault and endangering children at the close of a two day jury trial that saw a common pleas judge throw out more serious charges of kidnapping and aggravated burglary due to glaring discrepancies in witness testimony.

Gene Cornwell, 32, 3567 County Road 58, was found guilty of lesser included offenses of disorderly conduct and endangering children following a four hour jury deliberation. The offenses were the less serious versions of a felony child endangering and assault charges sought by Prosecuting Attorney Steve Knowling. Including the dismissed offenses, Cornwell was facing up to 25 years in prison if convicted.

Common Pleas Judge Thomas D. White sentenced Cornwell immediately following the verdict to six months in jail with credit for time served while waiting trial.

Andrew Hyde, Cornwell's attorney, said both he and his client consider the verdict a victory.

"Gene has always accepted that his conduct might have violated misdemeanor level offenses," Hyde said. "There were plea discussions where he would have had to plea to felony charge; and that was something he was not ready to do."

The charges stem from an April 9 incident in which Cornwell allegedly forced open the door of a Millersburg apartment and grabbed a 14 year old girl by the hair and dragged her into the apartment complex parking lot. According to Millersburg Police reports, Cornwell had been at the apartment for about two hours, drinking beer with several other guests. He was told to leave by the mother but stayed to look for his cell phone, using the mother's phone to ring the cell phone. At some time, the mother and a neighbor closed the door on Cornwell and locked him out.

Cornwell, taking the stand Tuesday as the defense's only witness, said he was stuck in the door and forced it open to free himself. The girl attacked him, Cornwell said.

Kidnapping and aggravated burglary charges brought against Cornwell were dropped Tuesday by White after testimony by the girl's mother and three neighbors varied widely from each other. The testimony of the girl's mother and Wanda Geary, a neighbor, even differed from their statements to police April 9, with Geary changing her mind on the stand as to whether she was certain Cornwell grabbed the girl or she grabbed him.

In their testimony, the mother and Geary both contradicted statements given to police that they had physically pushed Cornwell out the door. When presented with her statement of April 9 by Knowling, the mother inferred "pushing" may have meant her physical presence close to Cornwell, walking him toward the door.

"I never laid hands on him," the mother said.

The testimony opposed Knowling's opening statements to the jury, in which he said Cornwell had to be physically pushed from the living room out the door. The girl also said her mother and Geary physically pushed Cornwell out the door and locked it behind him.

"The more I think about it, I really can't say I seen (Cornwell grab the girl)," Geary said. "I didn't know if he was fighting her or she was fighting him. I can't say."

Only Cornwell and the girl testified to who grabbed who, accusing each other. The mother said she had gone after the phone when the door was forced open, then turned to see Cornwell, Geary and her daughter outside.

White threw out the charges noting that should the jury convict on the testimony offered, the conviction would not stand up to appeal. He further said the testimony, when taken as evidence, failed to prove the legal elements necessary to charge Cornwell.

"The two key eyewitness testimony is so inconsistent that it is insufficient to sustain the charges," White said. "In this case, the evidence is just all over the board."

Dismissing the charges is a final order and cannot be appealed by the prosecution, White said.

The girl testified Tuesday that she had been doing laundry the evening of April 9 and was attacked by Cornwell immediately after he forced open the door. She said she helped him search for his cell phone and was not angry with him.

Witnesses described the girl as "hysterical" following the alleged assault. Police took photographs of injuries to her arms and back.

Cornwell's attorney, Andrew Hyde, said that the testimony, while inconsistent, favored Cornwell's version of events. Cornwell testified that he had gone to the apartment to visit the alleged victim's mother and brought along a 12 pack of beer. He said he believed the mother and others at the apartment where upset with him after he told them they should not smoke marijuana around the mother's baby. He later accused someone of stealing his cell phone after he could not find it.

Cornwell said he forced the door open after it was shut in his face, catching his little finger in the door jamb. The girl attacked him, punching and kicking, Cornwell said, and in trying to defend himself, his fingers got tangled in her hair. He said he did not pull her out to the parking lot and the girl was standing but fell once.

That the girl was standing with Cornwell backing toward the parking lot was consistent with the testimony of a 14-year-old neighbor girl. Another witness said they saw the girl dragged on her back. Hyde also noted that the girl's mother and Geary said the girl yelled at Cornwell, implying she was the one who acted aggressively.

Cornwell said the girl had "ratty" hair and could not remove his fingers. After he freed his hand, he walked away.

Knowling, however, said that the only testimony that mattered was that of the girl and Cornwell, that one of them must be lying. He noted that photos taken of Cornwell's hands several days after the alleged assault showed no injury to the little finger, which Cornwell testified was at least fractured when caught in the door. He noted that no one saw either Cornwell or the girl grab one or the other.

Knowling acknowledged the conflicting evidence in his closing statements to the jury and said the only consistent testimony offered was that of the alleged victim.

"There were inconsistencies in every one of the central witnesses, except the victim," Knowling said. "She told the same version of events on April 9; she told the same version today."

Disorderly conduct is a minor misdemeanor with a maximum penalty of a $150 fine. Endangering children is a first degree misdemeanor and carries a maximum penalty of 180 days and a $1,000 fine.

Reporter Nick Sabo can be reached at (330) 674-1811 or e-mail nsabo@the-daily-record.com

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